The Supreme Court ruled that for a Sangguniang Panlalawigan (Provincial Board) to validly conduct official business, a majority of all its elected and qualified members must be present. Acts done without a quorum are legally infirm, questionable, and void, and cannot be given binding effect. This ensures that local legislative actions are representative and legitimate.

When Does Absence Really Make the Local Law Grow Weaker?

This case revolves around a petition filed by Manuel Zamora, a member of the Sangguniang Panlalawigan of Compostela Valley, questioning the validity of resolutions passed during sessions held on February 8 and 26, 2001. Zamora argued that these sessions lacked a quorum, rendering the resolutions null and void. The central issue before the Supreme Court was whether the actions of the Sangguniang Panlalawigan were valid, considering the alleged lack of a quorum during the sessions and the circumstances surrounding a member’s absence.

The controversy began when a special session scheduled for February 7, 2001, was reset to February 8, 2001, without proper written notice. During this session, only seven of the fourteen members were present. Later, on February 26, 2001, the Sangguniang Panlalawigan held its 4th regular session, during which it passed resolutions declaring the province under a state of calamity and authorizing the Governor to enter into a construction contract with Allado Construction Company, Inc. While the journal of the proceedings indicated that thirteen members attended the session, Zamora contended that only seven members were present when critical decisions were made. The petitioner highlighted that the journal and resolutions indicated 13 members present, only 7 members were actually present when the irrevocable letter of resignation was noted, and motions to declare a state of calamity and authorize the governor’s contract were approved.

Respondents argued that since one board member was in the United States, the quorum should be determined based on the thirteen members present in the country. They also contended that the court should not look beyond the journal and resolutions of the Sangguniang Panlalawigan, citing the cases of Arroyo v. De Venecia and U.S. v. Pons. This position claimed that compliance with internal rules cannot be questioned and legislative journals are indisputable. However, the Supreme Court distinguished the present case, stating that it was not inquiring into the Sangguniang Panlalawigan’s compliance with its own rules but with the Local Government Code (LGC), a law enacted by Congress.

The Supreme Court emphasized that a “quorum” is the number of members of a body that, when legally assembled, can transact business, pass laws, or do any valid act. The LGC, in Section 53(a), requires that “a majority of all members of the sanggunian who have been elected and qualified shall constitute a quorum.” This is distinct from the constitutional provision for national legislative bodies, which requires only a majority of each House. Furthermore, the Court noted inconsistencies in the journal of the Sangguniang Panlalawigan, particularly the lack of clarity regarding how many members were present during crucial votes and the irregular use of asterisks next to the names of members. A sanggunian is a collegial body. The acts of only a part of the Sanggunian done outside the parameters of the legal provisions mentioned above are legally infirm, questionable, and null and void.

The court also addressed the argument that Presidential Decree No. 1818 prohibits injunctions against government infrastructure projects, citing Malaga v. Penachos, Jr. In Malaga, the Supreme Court clarified that while infrastructure projects generally cannot be enjoined, exceptions exist for cases involving questions of law. In this case, the issue was not the wisdom of entering into the construction contract but the Sangguniang Panlalawigan’s compliance with the LGC requirements before granting the Governor authority to do so. The act was clearly intended to circumvent an express prohibition under the law – a situation that will not be condoned.

The Court also rejected the application of Avelino v. Cuenco, which held that the absence of a senator outside the country could be considered in determining a quorum. The Court found that the record lacked evidence showing that Board Member Sotto was out of the country and beyond the coercive power of the Sangguniang Panlalawigan. Moreover, A court may take judicial notice of matters of public knowledge, or those which are capable of unquestionable determination or ought to be known to judges because of their judicial functions. The legislative qualification requires all members, when computing the quorum of the Sangguniang Panlalawigan, must be taken into account.

FAQs

What was the key issue in this case?	Whether the resolutions passed by the Sangguniang Panlalawigan of Compostela Valley were valid, considering the alleged lack of quorum during the sessions when those resolutions were passed.
What is a quorum, according to the Local Government Code?	A quorum is defined as a majority of all members of the Sanggunian who have been elected and qualified to transact official business. This ensures decisions are made by a sufficient number of members.
Why did the court reject the argument that a member’s absence abroad should be considered?	The court found no evidence that the member was actually out of the country and beyond the Sangguniang Panlalawigan’s coercive power. Absent such proof, all members must be counted when determining quorum.
What did the Supreme Court say about enjoining infrastructure projects?	While generally prohibited, injunctions may be allowed when the issue is not the project itself but the local government’s compliance with legal requirements before authorizing it.
How does this ruling affect local government units?	It emphasizes strict adherence to quorum requirements and ensures that decisions affecting local communities are made with the participation of a majority of all members. This ensures fair and representative governance.
What was the effect of a presiding officer’s vote when there was no tie?	The Supreme Court clarified that temporary presiding officers are bound to act as the presiding officer, therefore can vote only to break a tie.
What happens if acts are not passed when there is a quorum?	Any actions done not following the provisions of the Local Government Code or outside of the parameters are null and void.
Did Board Member Sotto’s resignation take effect?	No, because there was no quorum when her letter of resignation was noted, rendering it ineffective. All members of the sanggunian must be counted, for compliance reasons.

This case underscores the importance of adhering to the quorum requirements outlined in the Local Government Code. By requiring a majority of all elected and qualified members, the law ensures that local legislative actions are valid, representative, and legitimate, thereby safeguarding the interests of the communities they serve.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: MANUEL E. ZAMORA vs. GOVERNOR JOSE R. CABALLERO, G.R. No. 147767, January 14, 2004